A letting agency has successfully challenged Charnwood Borough Council’s selective licensing conditions through the First-tier Tribunal, resulting in amendments affecting over 1,000 landlords in the area.
AST Lettings Ltd brought the case on behalf of two landlords, contesting conditions in the council’s selective licensing scheme covering two wards. The agency argued that requirements relating to fire risk assessments, gas safety, waste disposal and ongoing property management exceeded the council’s statutory powers and imposed unreasonable burdens on landlords.
Tribunal outcome
The appeal was settled through a Consent Order shortly before the scheduled tribunal hearing in March 2025. Under the agreement, Charnwood Borough Council accepted that all disputed conditions would either be amended or removed from the licensing scheme.
One of the key conditions removed was a requirement for every single-family home to fully comply with LACORS fire safety guidance and undergo a fire risk assessment. The council has confirmed that amended draft licences will be reissued to the affected landlords.
The case was supported by local law firm Freckeltons Ltd and several affected landlords. Stephen Nottridge, Director of AST Lettings Ltd, stated: “While we fully support the objective of improving housing quality, local authorities must operate within the law. This ruling provides much-needed clarity and ensures that licensing conditions remain proportionate and legally sound.”
Implications for landlords
Richard Tacagni, Managing Director of London Property Licensing, who represented AST Lettings Ltd during the proceedings, noted: “This case acts as an important reminder that councils must correctly and appropriately apply conditions when implementing a selective licensing scheme, particularly as failure to comply with any licence condition is a criminal offence.”
The case comes as buy-to-let landlords face increasing regulatory pressures across the UK rental sector. The outcome may have implications for how local authorities implement selective licensing schemes in other areas, with landlords and letting agents potentially scrutinising conditions more closely to ensure they remain within statutory powers.
The decision highlights the balance councils must strike between improving housing standards and imposing proportionate requirements on property owners. With estate agency activity showing modest growth in recent months, regulatory clarity remains important for market confidence in the rental sector.